Penal Code, 1860–Sec. 404 [Corresponding Sec. 315 of BNS, 2023]–Recovery of the mobile phone by PW 15, as handed over to him by A2 – Alleged circumstance of recovery was not held to be the incriminating circumstance u/s. 27–There is nothing to indicate that the mobile handset was one in which the SIM card was used–Neither the SIM card was traced, nor the ownership of the mobile is established–Conviction of A 2 u/s. 404 cannot be sustained.
